Ethical and Legal Preparations Required for Successful Prosecution of Cases
Most claims of malpractice are filed due to negligence and lack of information in professional relationship.The unprofessional and improper handling client-attorney relationship results in claims of negligence.These claims are founded on the services actually provided.
Lawyers who fail to communicate with clients about the realities and difficulties of specific claims. Create the risk of malpractice lawsuits from clients who are dissatisfied, with the belief that the responsibility of loosing their case is basically their lawyer’s problem.
Fees disputes are also involved in legal malpractice (Hagan, 1994). Clients are sued by their attorneys for fees, and most clients their defense on malpractice. This kind of defense can cause reduction if not total elimination, of the fees being recovered by the lawyer. There is a decline of frequency of such claims, perhaps due to the reluctance of lawyers to sue for fees recovery. The most prevalent offences are those of homicide and burglary. Homicide and Burglary Offenses Throughout space and time, the most serious of crimes turns out to be the unlawful taking of human life.
The crime of murder within most legal systems is devoid of statute limitations. This means that the killer faces the law without regard to the elapsed time after the crime has been committed. Investigators of homicide have their solemn duty of bringing the offenders to justice. They acknowledge that justice is not only reserved to the deceased victim, but the friends and family who require a healing process after being left behind. Community safety and human life sanctity demand that justice is served (Hagan, 1994).
The closing of a homicide case is considered after the identification, charge and arrest of the suspect. In most case files of Police departments, many such cases dating back to the 60s are waiting still for closure. This is because such cold cases lack the critical evidence or information, required in the identification and charging of a suspect. One of the commonly most encountered crimes is burglary, often under police investigation. Burglary techniques and investigation procedures are usually outlined for particular scenes of crime.
The responsibility of the first officer is to locate the suspect. Incases where the burglary is in progress, apprehending the suspect is the first consideration. Witnesses are located next and separated for later interviews (Fisher & Baca, 2003). The problem is that experienced burglars are fond of minimizing evidence for investigators for the crime scene. The investigator collects evidence left in the form of finger prints, tool marks and shoe prints at the scene of crime. Awareness of the investigator is also stressed on modus operandi or the burglar’s M.
O. frequently suspects are responsible for various burglaries in the region, thus by comparing similar cases the investigator is able to narrow down and concentrate on one suspect. This is aided by choosing the safest and easiest point of entry. Contemporary codifications create class of offences called homicide collectively. Murder is the most serious subclass, followed by the less serious manslaughter and finally ending with justifiable homicide that is at all no crime (Hagan, 1994).
In general, intend in causing great harm to the body is not separable from the killing intention. This is because such acts are dangerous inherently that every reasonable individual must realize the possibility of fatality. Thus arguments by defendants harm during their action was not contemplated, does not often form part of the defense. There are different classes of murder degrees in the U. S. – fists , second and third degree. These are liable to varied penalties in the penal code. Conclusion Ethical codes that govern individuals practicing law are embedded in legal ethics.
Model rules promulgated by the Bar Association of America, have influenced most jurisdictions in the United States. This model rules basically address the relationship between lawyers and clients. Certain features that define legal ethics include; honest statements to other people, the client’s confidence to be respected, forthrightness toward tribunal in addition to professional autonomy. References Fisher, B. & Baca, L. (2003). Techniques of Crime Scene Investigation. Boca Raton, FL: CRC Press, 2003. Hagan, J. (1994). Crime and Disrepute. Thousand Oaks, CA: Pine Forge Press.